Report on Contract and Negligence in Sandoz ltd Company
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Added on 2019-12-04
Report on Contract and Negligence in Sandoz ltd Company
Added on 2019-12-04
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TABLE OF CONTENTSINTRODUCTION...........................................................................................................................3TASK 1............................................................................................................................................31.1 Describing the essential elements which forms a valid contract...........................................31.2 Describing different types of contract and critically analyzing the impact of provisions indistance selling contract...............................................................................................................41.3 Describing main terms of contract.........................................................................................5TASK 2............................................................................................................................................52.1 Applicability of elements of contract for Sandoz Plc............................................................52.2 Applicability of law of terms in the Sandoz..........................................................................72.3 Evaluation of effect of different terms in the contract..........................................................8TASK 3............................................................................................................................................83.1 Contrasting tortuous liability with contractual liability.........................................................83.2 Case Scenario.........................................................................................................................93.3 Vicarious Liability of a company........................................................................................10TASK 4..........................................................................................................................................104.1 Applicability of Tort of negligence and defenses in Sandoz Plc.........................................104.2 Applicability of elements of vicarious liability...................................................................11CONCLUSION..............................................................................................................................12REFERENCES..............................................................................................................................132
INTRODUCTIONAny written or spoken agreement that are concerned with employment, sales or tenancywhich is intended to be enforced by law is known as contract. Business parties enter into contractso that they can maintain good faith with each other. Moreover, there are verbal and writtencontract through which businesses can enter into contract. In order to present the evidence at thetime of breach, they mainly prefer written contract (PADHI, 2012). Whereas, the negligence in acontract is a duty which one party fails to perform and this causes injury to the other party. Thus,it gives rise to tort liability. This report basically emphasizes on the aspects of contract andnegligence in Sandoz ltd Company which is a famous pharmaceutical firm in UK. Furthermore,discussion has been made on the inclusion of essential elements which makes the contract valid.Moreover, this report covers contractual and tortuous liabilities and the availability of remedieswhen there is a breach of contract and terms. Additionally, nature of negligence and vicariousliability has been discussed.TASK 11.1 Describing the essential elements which forms a valid contractThere are basically 4 important elements which makes the contract valid. Sandoz Ltdmust understand the importance of each of them. Thus, description of them has been made asfollows:Offer and Acceptance: Offer is a primary element from where the contractualrelationship begins (McKendrick, 2015). One party must make valid offer to the otherparty. If another accept the offer than it becomes the binding contract. For making theoffer, there should be a legal object for which offer is made else it would become void abinitio (Taylor, 2011). Intention to Create Legal Relationship: Two or more parties entering into a contractmust have a clear intention for creating legal relationship. The parties cannot be enteredforcefully by threatening (Nystén‐Haarala, Lee and Lehto, 2010). If there is no intentionthen contract cannot be considered as valid. 3
Consideration: It is considered as the bargain of the contract. Every contract is based onan exchange of promises. Each party in a contract must receive benefit out of it and sufferthe detriment as well. The benefit and detriment is known as consideration.Capacity: Parties entering into a contract must be competent enough and have thecapacity to form a legal relationship (Giliker, 2010). Any part should not be of unsoundmind, lunatic, drunken, etc. 1.2 Describing different types of contract and critically analyzing the impact of provisions indistance selling contractContracts are of different types and they are in different manner. However, thesecontracts have an impact on different situation. Three types of contract have been enumerated asfollows:Written Contract: Those contracts which are formed in a written format are termed as a writtencontract. Moreover, it is voluntary, legally and deliberately binding agreement which helps inmaintaining good faith among the parties (Turner, 2014). Written contract is formed when all theparties to a contract signs the legal document. It is helpful at the time of breach of contractbecause, innocent parties can show the evidence about the breach of obligations and can claimdamages. Verbal Contract: Such contracts are formed orally through face-to-face meeting. There is noinvolvement of legal documents and without which parties get bind into the contract. However,at the time of breach, no evidence could be availed. Therefore, it becomes difficult to resolveconflict at the law court.Distance Selling: This contract is formed from long distance through email, calls or videoconferencing and parties get bind into a contract. It is done when parties are not presentphysically. As per the viewpoint of Ali and Kumar (2015) provision in distance selling is thatthese kinds of contracts are controlled by DSR that is Distance Selling Regulations. Peopleusually does not read all the terms and condition which may sometimes lead to conflict.However, at the time of breach, contracts are governed by DSR.4
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